Article 1 of the Patent Law is: In order to protect the legitimate rights and interests of patentees, encourage inventions and creations, promote the application of inventions and creations, improve innovation capabilities, and promote scientific and technological progress and economic and social development, this law is enacted .
Article 11 After an invention or utility model patent right is granted, except as otherwise provided in this Law, no unit or individual may exploit the patent without the permission of the patentee, that is, it shall not For the purpose of production and business operations, manufacture, use, offer for sale, sell, and import its patented products, or use its patented method and use, offer for sale, sell, and import products directly obtained according to the patented method.
After the design patent right is granted, no unit or individual may exploit the patent without the permission of the patentee, that is, the design patent shall not be manufactured, offered for sale, sold, or imported for production and business purposes. product.
Article 12 Any unit or individual that exploits another person’s patent shall enter into an exploitation license contract with the patentee and pay patent royalties to the patentee. The licensee has no right to allow any unit or individual other than those specified in the contract to exploit the patent.
Article 13 After the invention patent application is published, the applicant may require the unit or individual who implements the invention to pay appropriate fees.
Article 42 The term of invention patent rights is twenty years, and the term of utility model patent rights and design patent rights is ten years, both calculated from the date of application.
The above are the provisions of the law. Patent rights are intangible assets and intellectual property rights. They should be protected, but they cannot be unlimited. For example, a patent applied for in China can only be protected in China. If you want to be protected abroad, you must apply to that country. , because laws are territorial. In other words, if a patent applied for in another country wants to be protected in China, it must also be protected in China.
Also, if an application violates laws and regulations or violates the fundamental laws of our country, it cannot be protected.